Law:

Section:

Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulation (II of 1975)--Regln. 4---North-West Frontier Province Pre-emption Act (XIV of 1950), S.23---Pre-emption suit---Deputy Commissioner has power to order the plaintiff for the deposit of the sale consideration before framing the issues. Under the N.-W.F.P. Pre-emption Act, 1950 which is extended to the areas where suit land is situated, the Court has to pass an order for the deposit of pre-emption money before the framing of issues and since the Deputy Commissioner under PATA Regulation can only refer the matter to the Jirga after, framing of the issues, he has to pass the order for the deposit of pre­emption money for further progress of the pre-emption suit. In the present case the petitioner/pre-emptor did not raise the objection before the Deputy Commissioner that he had no power to order the petitioner/pre-emptor to deposit the sale consideration rather acquiesced in the same so much so that on the expiry of the original time fixed he sought extension of time which was allowed to him. It appears that the petitioner- had no money and asked for further extension to arrange for money which obviously was not a genuine ground for the further extension of time. The orders of the special forums being perfectly legal High Court for substantial reasons declined to interfere with the same. JUDGMENT WALI MUHAMMAD KHAN, J.---Muhammad Alim Khan, petitioner herein, seeks leave to appeal against the judgment of the Peshawar High Court dated 1-10-1991, whereby his writ petition challenging the order of the hierarchy of special forums constituted under PATA Regulation, was dismissed. The admitted facts of the case are that the petitioner filed a suit for possession through pre-emption of the suit land against Abdur Rashid vendee/respondent No.1. He was directed to deposit Rs. 2,00,000, as pre­emption money plus District Council fee within three months i.e. on or before 19-5-1990, on which date a request for extension of time up to 30-7-1990 was made but the learned Deputy Commissioner granted extension up to 30; 6-1990 and on the failure of the petitioner to deposit the balance of sale…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492